유럽연합의 이중용도 물품 수출통제제도에 대한 검토
A Review on the Export Control System of Dual-Use Items in the European Union
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Abstract
The aim of this paper is to review the export control system of dual-use items in the European Union. The European Union has the exclusive power to regulate foreign trade except those concerned with the trade of pure military items, the control power of which is reserved to the Member States. However, the European Union has the exclusive power to control trade of dual-use items. The European Union has exercised this power currently through Regulation 428/2009. Under the European Union Law, this Regulation is directly applicable in the Member States. In the Regulation, in particular, the list of controlled dual-use items, the export of which is controlled in the European Union and the method of control, that is, the licensing system are provided. In contrast with its predecessor, Regulation 1334/2000, this Regulation reflects the UN Security Council Resolution 1540. Based on the obligations incurred by Resolution 1540, the Regulation introduced the regulation of brokering services and transit of the non-Community dual-use items. It also broadens the coverage of the transfer of technology. Although the European Union's export control system is not as rigid as that of the US, it reflects the international standard required by the international norms. In considering the export control system of ours, the European Union model could be a good example.
참고문헌 (15)
- Reforming Nuclear Export Controls: The Future of the Nuclear Suppliers Group, "Anthony I.", Oxford University Press, ~, pp.SIPRI Research Report No. 22 (2007)
- Aubin Y, "Export Control Law And Regulations Handbook", Kluwer Law International, ~ (2007)
- Farkas M, "Export Controls and Technology Transfers: Turning Obstacles into Opportunities", Hudson Institute, ~ (2007)
- Hirschhorn E.L, "The Export Control and Embargo Handbook", Oceana Publications, ~ (2005)
- Joyner D., "Non-Proliferation Export Controls: Origins, Challenges, and Proposals for Strengthening", Ashgate, ~ (2006)
- P.Koutrakos, "Exports of Dual-Use Goods under the Law of the European Union", 23(3) E.L.Rev. 235, ~ (1998)
- K.Eikenberg, "Article 296(Ex 223)E.C.and External Trade in Strategic Goods", 25(2) E.L.Rev. 117, ~ (2000)
- "Case C-70", 94 Fritz Werner Industrie-Ausrüstungen GmbH v. Federal Republic of Germany, 1995
- "Case C-83", 94 Criminal Proceedings against Peter Leifer, Reinhold Otto Krauskopf and Otto Holzer, 1995
- "Case C-124", 95 The Queen, ex parte Centro-Com Srl v. HM Treasury and Bank of England, 1997
- "Council Regulation (EEC) No 2603", 69 of December 1969 establishing common rules for exports, 1969, pp.590~
- "Council Regulation (EC) No 3381", 94 of 19 December 1994 setting up a Community regime for the control of exports of dual-use goods, 1, pp.1994, ~
- "Council Regulation (EC) No 1334", 2000 of 22 June 2000 setting up a Community Regime for the control of exports of dual-use items and technology, 1, pp.2000, ~
- "Council Regulation (EC) No 428", 2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items, 1, pp.2009, ~
- "Proposals for a Council Regulation setting up a Community regime for the control of exports of dual-use items and technology COM(2006) 828 final SEC(2006) 1696", COM(2006) 829 final